Delaware Divorce Laws (2026): Grounds, Residency, and Process

Delaware grants divorce on the no-fault ground that the marriage is irretrievably broken, but the court cannot enter a final ruling until the parties have lived separate and apart for six months. The six-month separation is waived only when misconduct is the basis for the breakdown. Cases are heard in the Family Court.

Grounds for divorce in Delaware

Delaware is a no-fault-only state. Under 13 Del. C. 1505, the sole ground for divorce is that the marriage is irretrievably broken. The statute identifies four ways a petitioner may show irretrievable breakdown: voluntary separation, separation caused by the respondent's misconduct, separation caused by the respondent's mental illness, or incompatibility.

Because Delaware does not have independent fault grounds, a spouse cannot file for divorce and simply allege adultery or cruelty the way a spouse can in Connecticut or New Jersey. However, the cause of the breakdown (including misconduct) matters for one specific purpose: it determines whether the six-month separation requirement applies. When the petitioner alleges that the breakdown was caused by the respondent's misconduct, the court can rule before six months of separation have elapsed. For voluntary separation, mental illness, and incompatibility, the six-month separation must be completed before a decree can enter.

Residency requirement

Before filing a divorce petition in Delaware, at least one party must have been a resident of Delaware (or on active-duty military orders stationed in Delaware) for six months (13 Del. C. 1504). This six-month residency requirement runs before the filing date, not before the final decree.

All divorce matters in Delaware are heard in the Family Court. The petition is filed in the county where either spouse resides: New Castle, Kent, or Sussex County. Delaware's Family Court also handles custody, child support, and related family matters that often arise alongside a divorce.

Waiting period and separation

Delaware does not impose a separate cooling-off clock that runs from the date of filing. Instead, the effective timing constraint is the six-month separation requirement.

The separation requirement means the parties must have lived separate and apart for at least six continuous months before the court can enter a divorce decree. Importantly, separation under one roof is permitted by statute, not merely by case law. Under 13 Del. C. 1503(8), separation may commence and/or continue while the parties reside under the same roof, provided that during that period they occupy separate bedrooms and do not have sexual relations with each other. A failed attempt at reconciliation does not restart the clock. Under 13 Del. C. 1505(e), bona fide efforts to reconcile, even ones that temporarily include sleeping in the same bedroom and resuming sexual relations, do not interrupt any period of living separate and apart, provided the parties have not occupied the same bedroom or had sexual relations within the 30-day period immediately preceding the day the court hears the petition.

This is the critical distinction for Delaware: the waiting period and the separation requirement are the same practical clock, not two separate delays. The court simply cannot rule until the six-month separation has been completed, except in a misconduct case. In misconduct cases, the petitioner may proceed to a hearing sooner, because the separation requirement is lifted.

How property is divided

Delaware is an equitable distribution state. That means the Family Court divides marital property in a manner that is fair and just under the circumstances, not necessarily half and half. Delaware is not one of the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), so there is no automatic 50/50 presumption.

Under 13 Del. C. 1513, the court looks at all relevant factors when allocating the marital estate, including the length of the marriage, the economic circumstances of each party, contributions of each spouse (including homemaking and child-rearing), and the value of each party's separate property. Separate property, such as assets owned before the marriage or received by gift or inheritance, is generally excluded from the equitable division, though appreciation of separate assets during the marriage can become marital property.

Marital misconduct plays no part in the property division. Section 1513(a) directs the court to divide marital property without regard to marital misconduct, and none of its eleven statutory factors is marital fault. The same limit applies to alimony under 13 Del. C. 1512(c). The basis of the breakdown matters for whether the six-month separation is required, not for how the marital estate is split.

Alimony, custody, and child support

Alimony, child custody, and child support are typically decided as part of the divorce or in parallel proceedings. The Family Court can award temporary support during the pendency of the divorce and a final alimony order in the decree. For current standards on how Delaware courts evaluate spousal support, see the Delaware alimony laws page.

Custody in Delaware is decided under the best-interest-of-the-child standard. The Family Court considers the parents' wishes, the child's adjustment to home and school, the mental and physical health of all parties, and the relationship the child has with each parent. For a complete guide to parenting plans and relocation rules, see the Delaware child custody laws page.

Child support in Delaware uses a formula set by the Melson Formula, a per-capita income-shares approach that prioritizes children's primary needs first. See the Delaware child support laws page for the current guidelines and deviation standards. Estimate your payment with our Delaware child support calculator.

How to file for divorce in Delaware

The process moves through six stages. First, meet the residency requirement. One party must have lived in Delaware (or been stationed there) for at least six months before filing.

Second, satisfy the separation requirement. Before the court can grant the divorce, the parties must have lived separate and apart for six months (unless the breakdown is based on misconduct). Some people begin separation and file partway through; the court simply cannot finalize the decree until six months is complete.

Third, file the petition. The petitioning spouse files a Petition for Divorce with the Family Court clerk in the appropriate county. Delaware's Family Court website provides self-help forms. The filing fee varies by county and is payable at filing.

Fourth, serve the respondent. The petition must be formally served on the other spouse, typically by certified mail, a sheriff, or a process server. The respondent has a set time to respond.

Fifth, exchange financial disclosures. Both parties must provide financial information covering income, assets, debts, and expenses. This supports any decision on property division, alimony, and child support.

Sixth, obtain the decree. If the parties agree on all issues, they submit a written separation agreement for the court's approval. If contested, the case proceeds to a hearing. Once the six-month separation is satisfied and all issues are resolved, the Family Court enters a Divorce Decree and the marriage is legally ended.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Delaware.

Related pages: Divorce Laws by State (hub) | Delaware Alimony Laws | Delaware Child Custody Laws | Delaware Child Support Laws

More Delaware Laws

• Delaware Alimony Laws
• Delaware Child Custody Laws
• Delaware Child Support Laws
• Delaware Common Law Marriage Laws
• Delaware Restraining Order Laws
• Delaware Unclaimed Property